The Silvertown Tunnel Order 2018

Traffic regulation measures E+W+S

61.—(1) Subject to the provisions of this article, TfL may, for the purposes of the authorised development—

(a) make provision, in respect of those roads specified in column (2) of Part 1 of Schedule 11 (traffic regulation measures, etc.), as to the speed limit and restricted road status of those roads as specified in column (3) of that Part of that Schedule;

(b) make provision, in respect of those roads specified in column (2) of Part 2 of Schedule 11, as to the clearway status of, and the application of other prohibitions to, those roads as specified in column (3) of that Part of that Schedule;

(c) make provision, in respect of those roads specified in column (2) of Part 3 of Schedule 11, as to prescribed routes to apply to those roads as specified in column (3) of that Part of that Schedule;

(d) in respect of those roads specified in column (2) of Part 4 of Schedule 11, revoke or vary the orders specified in column (3) of that Part of that Schedule in the manner specified in column (4) of that Part of that Schedule;

(e) vary the orders specified in column (2) of Part 5 of Schedule 11 in the manner specified in column (3) of that Part of that Schedule; and

(f) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act in so far as it is inconsistent with any prohibition, restriction or other provision made by TfL under this paragraph.

(2) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) (regulations in relation to orders and notices under the 1984 Act) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 M1 when used in accordance with regulation 3(5) of those regulations.

(3) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, TfL may, in so far as necessary or expedient for the purposes of, in connection with, or in consequence of the construction, maintenance and operation of the authorised development—

(a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

(b) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

(c) authorise the use as a parking place of any road;

(d) make provision as to the direction or priority of vehicular traffic on any road; and

(e) permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by TfL.

(4) The power conferred by paragraph (3) may be exercised at any time prior to the expiry of 24 months from the opening of the Silvertown Tunnel for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (3) may have effect both before and after the expiry of that period.

(5) TfL must not exercise the powers conferred by paragraph (1) or (3) unless TfL has—

(a) given not less than—

(i) 12 weeks' notice in writing of TfL's intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

(ii) 4 weeks' notice in writing of TfL's intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the traffic authority in whose area the road is situated and that notice must include the time periods within which the traffic authority may specify the manner in which, under sub-paragraph (b), TfL must advertise its intention to exercise the powers conferred by paragraph (1) or (3); and

(b) advertised TfL's intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of TfL's intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of TfL's intention in the case of sub-paragraph (a)(ii).

(6) Any prohibition, restriction or other provision made by TfL under paragraph (1) or (3)—

(a) has effect as if duly made by, as the case may be—

(i) the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

(ii) the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking spaces) of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject;

(b) is deemed to be a traffic order for the purposes of, as the case may be—

(i) Schedule 7 (road traffic contraventions subject to civil enforcement) to the 2004 Act; or

(ii) Part 2 (bus lanes) to the London Local Authorities Act 1996 M2 ; and

(c) must be advertised in the same manner as TfL's intention to make the prohibition, restriction or other provision was under paragraph (5)(b).

(7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by TfL from time to time by subsequent exercise of the powers conferred by paragraph (1) or (3) within a period of 24 months from the opening of the Silvertown Tunnel for public use.

(8) Before exercising the powers conferred by paragraphs (1) or (3) TfL must consult such persons as TfL considers necessary and appropriate and have regard to the representations made to TfL by any such person.

(9) In the case of Saffron Avenue as identified in Part 2 of Schedule 11 (traffic regulation measures, etc.) (and shown on sheet 4 of the traffic regulation measures (clearways and prohibitions) plans), the powers conferred by this article cannot be exercised by TfL without the consent of the owner of that road.

(10) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

Marginal Citations

M1 S.I. 2011/935.

M2 1996 c. ix.